Gerasymov R. Development of the Principles and Norms of International Law on Safeguarding the Civil Aviation

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0408U001685

Applicant for

Specialization

  • 12.00.11 - Міжнародне право

18-03-2008

Specialized Academic Board

Д 26.867.01

Essay

Dissertation is dedicated to the definition, scholarly discussion and systematic analysis of the International Legal Principles and Norms on Safeguarding the International Civil Aviation in their substance and their practical application as a part of a wider normative context. Most significantly, the status of the standards and recommended practices issued by the International Civil Aviation Organization is analyzed in detail. The ILC 2001 Articles on State Responsibility are demonstrated to be the satisfactory framework for state respon-sibility in this particular field of regulation, several specifications and additions are recommended though. To remedy the shortages and needs mentioned, a new separate international conven-tion is proposed, dedicated solely to safeguarding the international civil aviation from both operational and malicious hazards, in peace, conflict and war, with the general obligation of states-parties to effect all acts practicable so as to provide for safety and security of civil aviation, its objects and its functioning, complete with a set of specific obligations.

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